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(영문) 서울고등법원 2020.09.17 2019누63579
장기요양급여비용환수결정취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except where the plaintiff emphasizes again or added a new argument in the trial as follows, and the judgment of the plaintiff is added in Paragraph 2, thereby citing it as is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(Other, the grounds alleged by the Plaintiff in the trial while filing an appeal are not significantly different from the contents alleged by the Plaintiff in the first instance court, and even if all the evidence submitted in the first instance and the trial are examined, the findings of fact and the judgment of the first instance court that rejected the Plaintiff’s assertion are justifiable). [In addition, the part to be dismissed or added] 5th of the first instance court, 14th “2.30.” as “4.30.”

At the bottom of the 7th judgment of the first instance, three parallels "447,22,690 won" shall be "495,998,170 won".

The 6th page 9 of the first instance judgment "M" shall be changed to "M and D".

The "148,995,650 won" of the first instance judgment shall be deemed "148,994,650 won".

At the bottom of the 11th judgment of the court of first instance, eight caregivers are called " caregivers and social workers".

From the 11th side to the 12th bottom of the first instance judgment, “from the 2th to the 10th bottom of the 12th page” shall be the following:

The former Public Notice on Expenses for Long-Term Care Benefits (amended by the Ministry of Health and Welfare No. 2014-97, Jun. 26, 2014) and the former Public Notice on the Guidelines for the Provision of Long-Term Care Benefits and the Methods of Calculating Expenses for Long-Term Care Benefits (amended by the Ministry of Health and Welfare No. 2015-202, Nov. 25, 2015) under the delegation provide that the Defendant Chairperson shall determine the details of the expenses for long-term care benefits, such as the guidelines for the provisional payment, the payment procedure, and the method of payment. Accordingly, the Defendant’s “the details of the calculation of expenses for long-term care benefits (amended by the Ordinance No. 2015-29, Nov. 30, 2015; hereinafter referred to as the “Public Notice”).

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